Acquittal despite violence – “Effy29” trial: “It would be unbearable to convict the innocent” – News

  • In 2017, there were serious riots during the evacuation of an occupied house at Effingerstrasse 29 in Bern.
  • The Bern High Court has now once again acquitted the 16 defendants of allegations of violence and threats against officials.
  • The squatters were only found guilty of trespassing.

There were memorable scenes that took place on February 22, 2017 at Effingerstrasse 29 in Bern: around 20 squatters from the collective called “Oh you cheerful” had barricaded themselves in the upper floors of the house.

Occupation on Effingerstrasse: A look back

The entrances were barricaded and an arsenal of items were ready to defend oneself against the police. Fireworks batteries, pepper spray, balaclavas, knives, radios, metal spears, homemade flamethrowers.

The police stormed the house early in the morning. The clashes were violent: the squatters threw heavy objects at the police. They set off fireworks in the stairwell and sprayed paint and liquids.

Higher court confirms acquittal on the main charge

The first-instance trial lasted three weeks in the summer of 2021. At that time, the court only found the 16 accused people guilty of trespassing, but not of the main charges, namely violence and threats against officials. The public prosecutor therefore referred the verdict to the Bern High Court.

It is unsatisfactory that those responsible cannot be held accountable.

The Bern High Court confirmed the verdict on Wednesday. How is it possible that the accused are acquitted despite the violence against police forces? The public prosecutor was unable to attribute the acts of violence to individual people: “It is unsatisfactory that those responsible cannot be held accountable. But it would be unbearable to convict innocent people,” said the judge when announcing the verdict.

The problem: The vast majority of defendants decided to remain silent during the proceedings. “It may be morally reprehensible, but it is your right,” said the judge. Don’t judge moral behavior.

The canton of Bern must cover the procedural costs.

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